HomeMy WebLinkAboutCOUNCIL MINUTES 2004-02-09 34490
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTH
REGULAR MEETING OF FEBRUARY 9, 2004
On February 9, 2004, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8.00 p m Councilmember Dolan delivered the
invocation
Roll was called with the following result: Linda Dolan, James
McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes
and Gerald Taylor
Absent: None
Elected and appointed officials present: Robert Schron, City
Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val
Vandersloot, City Clerk and Karen Szymula, Director of Legislative Affairs
On a motion by Dolan, seconded by Meakin, it was
CR 46-04 RESOLVED, that the minutes of the 1,505th Regular
Meeting of the Council held January 28, 2004 are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Dolan, Robinson, Knapp, Meakin, Kokenakes and Taylor
NAYS None
PRESENT McCann
During the audience communication portion of the agenda,
Councilmember Robinson wished a belated "Happy Birthday" to Councilmember
Don Knapp, whose birthday was on February 4
Regular Meeting of February 9, 2004 REVISED 34491
Councilmember Kokenakes wished a "Happy Birthday" to his son,
Charles, who turned 12 on February 8
City Clerk Val Vandersloot announced that the 2004 pet license
tags are now available for sale at the City Clerk's office, and informed the public
of the new prices for these
Council President Taylor announced Public Hearings for the
following items that will be held on
Monday, March 22, 2004 at 7:00 P.M.,
in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, MI
1. Petition 2003-12-02-23 submitted by Costco Companies, Inc. requesting
waiver use approval to utilize an SDD license (packaged liquor) in
connection with an existing retail facility at 13700 Middlebelt Road, located
on the east side of Middlebelt Road between Schoolcraft and Plymouth
Roads in the Northwest 1/4 of Section 25
2. Petition 2003-12-02-24 submitted by Costco Companies, Inc. requesting
waiver use approval to utilize an SDD license (packaged liquor) in
connection with an existing retail facility at 20000 Haggerty Road, located
on the east side of Haggerty Road between Seven Mile and Eight Mile
Roads in the Northwest % of Section 6
3. Petition 2003-11-06-07 — Section 10.02, Article 10 Zoning Ordinance
Amendment Sidewalk and Parking Lot Tent Sales - to determine whether
or not to amend Section 10 02 of Article X of the Zoning Ordinance to
provide for sidewalk and parking lot tent sales as permitted accessory uses
for retail establishments in C-1 Districts
On a motion by Knapp, seconded by Robinson, it was
CR 47-04 RESOLVED, that having considered a letter from Sue
Mahoney, Chairperson of the Clarenceville Athletic Booster Club,
received in the Office of the City Clerk on January 15, 2004, which
requests permission to display wire signs announcing the "Touch of
Spring" Arts and Craft Show to be held by the Clarenceville Athletic
Booster Club on Saturday, March 27, 2004, which signs are to be
14" x 22" in size and shall be installed no earlier than Saturday,
March 13, 2004, and removed no later than Monday, March 29,
2004, at various locations in the City, the Council does hereby grant
and approve this request in the manner and form herein submitted
Regular Meeting of February 9, 2004 34492
CR 48-04 RESOLVED, that having considered a letter from
Brenda Uren, on behalf of Botsford Elementary Support Team,
dated January 22, 2004, which requests permission to display wire
signs advertising Botsford Elementary School's 3rd Annual Bazaar
to be conducted on Saturday, March 13, 2004, which signs are to
be installed no earlier than Saturday, March 6, 2004, and removed
no later than Saturday, March 13, 2004, at various locations in the
City, the Council does hereby grant and approve this request in the
manner and form herein submitted
CR 49-04 RESOLVED, that having considered a letter from
John Heinzman, II, Heinzman School of Irish Dance Booster Club,
dated January 24, 2004, the Council does hereby take this means
to indicate that the Heinzman School of Irish Dance Booster Club is
recognized as a non-profit organization operating in the community,
and the action herein being taken for the purpose of affording
Heinzman School of Irish Dance an opportunity to obtain a
charitable gaming license or registration from the State of Michigan
in accordance with provisions of State statute
CR 50-04 RESOLVED, that pursuant to the provisions of
Section 5, Chapter VIII of the Charter of the City of Livonia, and
based upon the appointment of the Mayor, dated January 13, 2004,
the Council does hereby consent to and confirm the appointment of
R. Lee Morrow, 37776 North Laurel Park Drive, Livonia, Michigan
48152, to the Board of Review to fill the unexpired term of Barbara
Komarynski, for a term expiring February 16, 2005, provided that
Mr Morrow takes the Oath of Office as required in Chapter X,
Section 2 of the City Charter, to be administered by the City Clerk.
CR 51-04 WHEREAS, the City of Detroit through its Water and
Sewerage Department (DWSD) supplies water and wastewater
services to much of southeastern Michigan, and
WHEREAS, the proficient and efficient provision of service by
DWSD is essential to the health and welfare of the citizens of
southeastern Michigan, and
WHEREAS, DWSD is a regional system that must be accountable
to the regional customers, and
WHEREAS, the communities served by the regional system have
been paying ever increasing water and sewer bills for several
years, and
Regular Meeting of February 9, 2004 34493
WHEREAS, the current process for setting and determination of
rates for water and sewer services has caused continued concern
among its customers because of an inability to determine with
specificity the reasons for rate hikes, and
WHEREAS, the rate formulation process must begin at such time
as to allow full disclosure permitting stakeholders to engage in
meaningful review and evaluation and make constructive
suggestions, and
WHEREAS, the Mayor of Detroit and the Detroit City Council must
permit an evaluation of the efficiency of the DWSD operations by
an independent outside consultant; and
WHEREAS, such evaluation should be conducted in a public forum
to provide assurances that DWSD is operated efficiently and cost
effectively;
NOW THEREFORE BE IT RESOLVED, that the City Council of the
City of Livonia hereby requests that the Detroit Water Board and
the Detroit City Council place a moratorium on Water and Sewer
rate increases for Fiscal Year 2004-05
CR 52-04 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 22, 2003, and
the report and recommendation of the Chief of Police, dated
January 19, 2004, approved for submission by the Mayor, the
Council does hereby approve of the request from 3 ST, Inc for
transfer of ownership of a 2002 SDD and SDM Licensed Business
with Sunday Sales Permit from Michael J Vorgitch Estate,
Kathleen M Arden, Personal Representative Testate, for a
business located at 38675 Ann Arbor Road, Livonia, Michigan
48150, Wayne County; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
CR 53-04 RESOLVED, that having considered a communication
from the District Judges, Court Administrator and Employee
Representatives of the 16th District Court, dated January 12, 2004,
requesting the adoption of a resolution approving the Court's
participation in the Michigan Employee Retirement System (MERS)
Defined Benefit Pension Plan and the voluntary transfer of current
full-time employees' account balances from the City of Livonia
Defined Contribution Plan for those who wish to participate in the
MERS Defined Benefit Pension Plan, the Council does hereby refer
Regular Meeting of February 9, 2004 34494
this item to the Committee of the Whole for its report and
recommendation
CR 54-04 RESOLVED, that having considered the report and
recommendation of the Civil Service Department, dated January
16, 2004, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, transmitting a resolution
adopted by the Civil Service Commission at its regular meeting of
January 15, 2004, and submitted pursuant to Council Resolution
669-03, in connection with the request from the Chief of Police,
dated January 5, 2004, the Council does hereby approve the
recommended hourly rate increase from $7 25 to $10 00 for the
Temporary Classification of Police Reserve Officer
CR 55-04 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated January 26, 2004,
which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the proposals from the qualified appraisers listed in the
attachment to be used in Michigan Tax Tribunal Appeals cases on
an as-needed basis for the period March 1, 2004 through February
28, 2006, FURTHER, the Council does hereby authorize a budget
adjustment increasing Account No 101-000-651-590 (Fee Increase
Revenue) and Account No 101-202-834-000 (Fee Appraisals - Tax
Tribunal) in the amount of$25,000 00 for this purpose
CR 56-04 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated January 26, 2004,
which bears the signature of the Director of Finance and is
approved for submission by the Mayor, in connection with a
$150,000 00 grant received from the State of Michigan to be used
for a Personal Property Audit Program, the Council does hereby
accept the proposal from Tax Management Associates, Inc , 869
South Old US Highway 23, Brighton, Michigan 48114, to serve as
consultants to complete personal property audits for the City of
Livonia, and the Council having determined to accept such bid in
lieu of the low bid of Mendola and Associates, LLC, for the reasons
outlined in the aforementioned report and recommendation, and the
proceeds from the State of Michigan grant and expenditures to the
consultant will be budgeted and accounted for in Fund 223, Grant
Fund
CR 57-04 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 23, 2004,
approved for submission by the Mayor, with regard to a request
from the Wayne County Department of Public Services that the City
Regular Meeting of February 9, 2004 34495
take jurisdiction and control of the storm sewer as part of the
development of the commercial property located at 14881/14891
Farmington Road (Centennial Professional Center), on t he west
side of Farmington Road, north of Lyndon in the Northeast 1/4 of
Section 21, the Council does hereby determine as follows.
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the
storm sewer site plans, and further that the City will accept
jurisdiction and maintenance (at no expense to the County)
of the entire on-site storm sewer collection system in
connection with the development of the aforementioned site
located at 14881/14891 Farmington Road, on the west side
of Farmington Road, north of Lyndon in the Northeast 1/4 of
Section 21 (See attached letter from TACS, L.L.0 dated
December 2, 2003, indicating its willingness to reimburse the
City for any such maintenance that may become necessary )
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction
CR 58-04 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 15, 2004, which
transmits its resolution 01-02-2004, adopted on January 13, 2004
with regard to Petition 2004-01-SN-01, submitted by Kinko's,
requesting approval for signage for the commercial building located
at 37330 Six Mile Road, on the northeast corner of Six Mile and
Newburgh Roads in the Northwest 1/4 of Section 8, the Council
does hereby concur in the recommendation of the Planning
Commission and approve the said Petition 2004-01-SN-01, subject
to the following conditions
1 That the Sign Package submitted by ImagePoint, as
received by the Planning Commission on December 5, 2003,
is hereby approved and shall be adhered to,
2 That no signage shall be allowed on the awnings and said
awnings shall not be backlit;
3 That all window signage shall be limited to what is permitted
by Section 18 50D Permitted Signs, subheading (g) "Window
Signage",
Regular Meeting of February 9, 2004 34496
4 That no LED lightband or exposed neon shall be permitted
on this site, including but not limited to the building or around
the windows,
5 That the signs shall not be illuminated beyond one (1) hour
after this business closes,
6 That any additional signage shall come back before the
Planning Commission and City Council for their review and
approval, and
7 That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department at
the time the sign permits are applied for
CR 59-04 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 15, 2004, which
transmits its resolution 01-01-2004 adopted on January 13, 2004,
with regard to Petition 2004-01-08-01 submitted by Comerica,
requesting site plan approval in connection with a proposal to
construct a canopy to the office building located at 39200 Six Mile
Road, on the north side of Six Mile Road between Haggerty Road
and 1-275/1-96 in the Southwest 1/4 of Section 7, pursuant to the
provisions set forth in Section 18 47 of Zoning Ordinance No 543,
as amended, the Council does hereby concur in the
recommendation of the City Planning Commission and Petition
2004-01-08-01 is hereby approved and granted, subject to the
following conditions
1 That the Site Layout and Paving Plan marked Sheet C2 0
dated December 15, 2003, as revised, prepared by Wilcox
Professional Services, is hereby approved and shall be
adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That the Elevation Plan prepared by Ford & Earl Associates,
as received by the Planning Commission on December 17,
2003, is hereby approved and shall be adhered to,
4 That the building materials of the canopy shall match that of
the existing building, including but not limited to texture and
color;
Regular Meeting of February 9, 2004 34497
5 That no signs, either freestanding or wall mounted, are
approved with this petition, all such signage shall be
separately submitted for review and approval by the
Planning Commission and City Council,
6 That no LED lightband or exposed neon shall be permitted
on this site, including but not limited to the building or around
the windows,
7 That the parking lot shall be repaired, as needed, to the
satisfaction of the Inspection Department;
8 That adequate lighting be provided under the canopy for
safety considerations, and
9 That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department at
the time the building permits are applied for
A communication from Carl Creighton, Brashear, Tangora,
Gallagher, Creighton and Amann, LLP, dated January 7, 2004, re notification
that his client, Golf Ridge Properties, LLC, is withdrawing their rezoning petition,
was received and placed on file for the information of the Council (Petition
2003-08-01-15)
A communication from Reverend Dr Victor F Halboth, Chairman of
Board of Directors, Glen Eden Lutheran Memorial Park, dated January 7, 2004,
re withdrawal of rezoning application for said property from AG to R-3 Cluster,
was received and placed on file for the information of the Council (Petition
2003-08-01-15)
A communication from the Department of Law and the Department
of Assessment, dated January 22, 2004, - Administrative Response - re their
opinion that the tax-exempt status of Glen Eden Memorial Park remains in place
Regular Meeting of February 9, 2004 34498
until, and if, this property is rezoned, was received and placed on file for the
information of the Council (Petition 2003-08-01-15)
CR 60-04 RESOLVED, the Council does hereby determine to
take no further action with regard to Petition 2003-08-01-15,
submitted by Golf Ridge Properties, LLC, to rezone property
located on the south side of Eight Mile Road (part of Glen Eden
Memorial Park) between Ellen and Newburgh Roads in the north
1/2 of Section 5 from AG to RC, since the petition has been
withdrawn by the petitioner
CR 61-04 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 23,
2004, approved for submission by the Mayor, submitted pursuant to
Council Resolution 589-03, regarding proposed ordinance
amendments pertaining to Mayoral vetoes of waiver use and
rezoning petitions, the Council does hereby refer this item to the
Legislative Committee for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Dolan, McCann, Robinson, Knapp, Meakin, Kokenakes and
Taylor
NAYS None
Councilmember Meakin left the podium at 8 05 p m due to a conflict of interest.
On a motion by Dolan, seconded by Knapp, and unanimously
adopted, it was
CR 62-04 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 2, 2001, and a
report and recommendation from the Chief of Police, dated January
22, 2004, approved for submission by the Mayor, the Council does
hereby recommend denial of the request from DEA Distribution
Services, L.L C to obtain a New Liquor Wholesale License for a
business located at 32401 Eight Mile Road #1-13 (Warehouse #4),
Livonia, Michigan 48152, Wayne County, based upon the fact that
both of the applicants have criminal convictions, and the City Clerk
is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting of February 9, 2004 34499
AYES Dolan, McCann, Robinson, Knapp, Kokenakes and Taylor
NAYS None
The President declared the resolution duly adopted
Councilmember Meakin returned to the podium at 8.07 p.m.
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
CR 63-04 RESOLVED, that having considered a communication
from the City Librarian, dated January 27, 2004, which bears the
signature of the Director of Finance and is approved for submission
by the Mayor, the Council does, for and on behalf of the City of
Livonia, accept various gifts and cash donations, in the total
amount of $1,747 99, from the sources indicated therein for use by
the Livonia Public Library as indicated in the aforesaid
communication, FURTHER, the Council does hereby appropriate
and credit the amount of $1,117 99 to Account No 702-000-285-
271, $280 00 to Account No 702-000-285-272 and $350 00 to
Account No 702-000-285-273 for the purposes as designated by
the donors
On a motion by Knapp, seconded by Dolan, and unanimously
adopted, this 1,506th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 17 p m , February 9, 2004
Val Vandersloot, City Clerk